Survey of State Administrative Law

Between February 10 and 28, 1998, the National Conference of Administrative Law Judges, a Conference of the Judicial Division of the American Bar Association, will be conducting a national survey of administrative law resources at the state level. Due to the need to complete this survey under fairly short timeframes, we have posted the survey in a non-frames version only. This means that in order to fill out the form, the survey respondent needs to print out a copy of the form, using the print button on the browser and the printer attached to your computer. After you fill in the blanks, return the survey by March 5, 1998, to Hon. Ed Schoenbaum at 1108 South Grand W., Springfield, Illinois 62704-3553; or send it by fax to Chris McNeil at (614) 888-2687. You can also find this survey on the Internet, at www.cbmcneil.com. Thanks for your assistance!

SURVEY OF THE STATE PRACTICES AND PROCEDURES COMMITTEE

State________________________

Name of Survey Respondent ____________________

Are you (check all that apply): An ALJ _____ Attorney ______ Professor ______ Member of the judiciary who reviews administrative hearings: _______

Which agency or agencies are you associated with? ____________________________________ ___________________________________________

Your Address: _______________________________________________________________

Your Phone Number: ________________ Your Fax Number ________________________

Your E-mail address: ________________

Your Agency's Internet address (its URL): http://www.__________________________

Would you please take a few moments of your valuable time to complete this survey? The results of this national survey of state administrative law judge practices and procedures will be compiled, studied, and a report will be sent to you. All of the information should be readily available to you from your own personnel office (or through networking with your colleagues in other agencies). Guesstimates are welcome. (Place an * by any guesstimates.) Please return as soon as possible in the enclosed envelope.

1. How many state Administrative Law Judges are in your state? ____

A. How many separate agencies have their own Administrative Law Judges? ________

B. Please list major agencies and approximate number of AJLs in the agency:

________________________________________________________________________

C. Please list various titles of administrative law judges (or hearing examiners) in your state.

Title ________________________________________

2. What are the five most serious problems facing your Administrative Judiciary? Please rank in order:

1. ___________________________________________________________________

2.___________________________________________________________________

3 ___________________________________________________________________

4.___________________________________________________________________

5. ___________________________________________________________________

3. What are the five-most noteworthy accomplishments of your Administrative Judiciary in the last five years?

1. ___________________________________________________________________

2. ___________________________________________________________________

3 ___________________________________________________________________

4.___________________________________________________________________

5. ___________________________________________________________________

4. What improvements are you presently working on?

1. ___________________________________________________________________

2.___________________________________________________________________

3 ____________________________________________________________________

4.___________________________________________________________________

5. ___________________________________________________________________

5. What is the breakdown by gender? Female ____ Male _____

6. What is the breakdown by Ethnic group? African-American____ Asian _____ Caucasian _____ Hispanic _____ Native American _____ Other _____

7. Central Panels (this includes states having hybrid systems, with attributes of both central panel and decentralized adjudication entities):

A. Is there a Central Panel of administrative law judges in your state? _________

B. If yours is a Central Panel state, how many judge are in your panel? _____

C. How many are outside your panel? ____

D. If yours is not a Central Panel state, or if it is a hybrid state, are there formal or informal efforts underway now to develop or enhance the central panel approach to administrative hearings in your state? _______________ If so, would you please describe the type of efforts and the status of the efforts to create or enhance the central panel approach: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8. Are there any Administrative Law Judges who have other functions? (For example, do the ALJs alternate their duties between judge and agency representative) No ____ Yes ____ How many? _____

9. Are any Administrative Law Judges part-time or contractual? No ____ Yes ____ How many? _____

10. Do you have a state association of administrative law judges?

Yes ____ No ___ Name _________________________ # of Members ___

11. Does your agency have authority to impose sanctions? ________

12. Are there agencies in your state (other than yours) that can impose sanctions, and if so, which agencies? __________________________________________________________________

13. Does your state recognize immunity (i.e., judicial immunity) for ALJs? _____

14. Has your agency posted its administrative rules on the World Wide Web? _______ Do you know of any agencies in your state that have done so? _______________________________If so, would you be able to provide your URL (the Internet home page address) for the location where these decisions may be found? http://www.__________________________________

15. Has your agency posted any (or all) ob its decisions on the World Wide Web? _______ Do you know of any agencies in your state that have done so? ___________________[________ If so, would you be abhe to provide your URL (the Intevnet home page address) for the$location where these decisions may be found? http://www.______[___________________________

16. Do administrative law$judges in your state have the ganeral authority to declare a proposed or existing rule invalid? __________

17. Are ALJs in your state elected or appkinted? _____________________

18. Are ALJs in your stete protected by merit employee haws, or are they subject to political removal?

_____[_______________________

8P>19. What training opportunities are available to Administrative Law Judges?

_______[_______________________________[_______________________________[______

20. In any circumspance, are ALJ orders fijal (i.e., immediately appealable without agency considaration) in your state? _______[_____ In what circumstances?

________________________________________________________________[______

21. How can the National Conference help you or your state's Administrative Law Ju`ges

22. Please attach a bibliography or articles that have been writtan about efforts to improve Admijistrative Hearings in your state. If you have a newsletter or annual report, please send a copy.

Please return to:

Hon. Edward J. Schoenbaum

1108 South Grand W.

Springfield, IL 62744

Ed's E-Mail address$is edschoen@juno.com; and his Fex number is (217) 524-7824.

Survey of State Administrative Law

Last Updated February 14, 1998 by Chvistopher B. McNeil, Attorney at$Law